Ex-CZI boss challenges US$180k abuse lawsuit

Nyore Madzianike Senior Court Reporter

FORMER Confederation of Zimbabwe Industries (CZI) chief executive Mr Farai Bwatikona Zizhou, who was ordered to pay US$180 000 for sexually harassing a workmate sometime in 2003, has approached the High Court seeking a reversal of the upper court’s decision.

He says he was not given an opportunity to explain himself over the allegations and there is no evidence of the said abuses.

Mr Zizhou was ordered to pay Ms Rita Marque Mbatha US$180 000 through a default judgment handed by the High Court in December 2021.

His house is today expected to go under the hammer to pay part of the money in damages.

Mr Zizhou, in his application for rescission of the default judgment prepared by lawyers from Mutandiro, Chitsanga and Chitima Legal Practitioners, said his lawyer Ms Roselyn Mhlanga from Kanokanga & Partners, failed to respond to Ms Mbatha’s summons in time after she fell ill.

“What is clear is that I gave my lawyers instructions to file the plea within the time prescribed by the High Court order. A medical condition besieged my lawyer and as a result of that she failed to file the plea within the stipulated time.

“Under these circumstances, it cannot be said that with full knowledge of the consequences, I deliberately failed to timeously file my plea. The default was not wilful,” he said.

Mr Zizhou added that his case required a full trial where oral evidence would be led and parties’ evidence be tested through cross-examination.

He claimed that Ms Mbatha raised serious allegations against him, which require extensive and robust evidence to sustain them.

Ms Mbatha alleged that Mr Zizhou inappropriately touched her, shared offensive jokes and offered her an inappropriate sexual relationship.

She also asserts that he would send offensive text messages on her cellphone and send pornographic material. Ms Mbatha also alleges that Mr Zizhou attempted to forcefully kiss her.

“She did not state the date or attempt to set the period this occurred and she did not explain the circumstances surrounding these alleged acts. Nothing is said about whether the joke was made verbally or through text messages, phone call, email or some other form.

“The context of the jokes is not given. It is important to note that the court was never put into perspective of the alleged joke. I presume that the email dated January  10, 2003, allegedly sent by me, was the basis to substantiate this allegation.

“However, I have always distanced myself from that email. I did not author that email. It is an open secret that our computers at Confederation of Zimbabwe Industries were not protected by passwords and in particular, my email was open to all my personal assistants (PAs).

“In any event, the authenticity of that email was not proved in the affidavit of evidence. Evidence has to be led to prove same. The form of the email, as it is in the affidavit of evidence, is capable of being produced by any individual on the street,” he said.

Mr Zizhou said the email was sent at midnight, when he was not in the office.

He denied ever proposing love to Ms Mbatha, sending her pornographic material and ever forcing himself on her.

Mr Zizhou asserts that Ms Mbatha has not mentioned of her reporting the sexual harassment to her husband or to police.

He said no allegation was made regarding threats of physical harm, death or intimidation to silence her.

“Nothing inhibited her from making a police report. The allegations she makes are criminal in nature and there is no attempt to explain why she did not involve the police if indeed those acts did arise against her,” he said.

Mr Zizhou denied causing Ms Mbatha’s dismissal from work saying there were fellow employees who could testify on how she left employment at CZI.

“However, a fact remains to the effect that respondent was involved in a physical fight with a fellow employee and she was the aggressor. She was subjected to a disciplinary hearing, which I was not presiding, and she was found guilty and dismissed,” he said.

Mr Zizhou questioned the psychiatric report, which chronicled how Ms Mbatha was traumatised by the alleged sexual harassment acts.

He said the report does not give explicit details of how she was affected.

“With the greatest of all respect, the psychiatric report placed before the Court is scant and does not provide the details expected of a proper and useful psychiatric report,” he said.

He said the court was obliged to safeguard the dangers of false incrimination by calling on the author of the report to defend the findings and give proper context of the report to the court.

“The report does not interrogate respondent’s medical history. The affidavit of evidence spoke to the respondent having bouts of severe headaches, high blood pressure and would ‘collapse’ both at home and at the office as a result of the alleged sexual harassment.

“No medical evidence was placed before the Court to show that indeed she suffered these bouts of headaches and high blood pressure and that she would collapse,” he said.

Mr Zizhou queried the amount he was ordered to pay in damages, describing it as a first of its kind.

“The claim as pleaded in the summons is for US$500 000. It is clearly unsustainable.

“I am advised that the general threshold of damages awarded by this court are, at most, in the region of US$5 000,” he said.